If the Husband Dies Before the Marriage is Consummated, the Wife is Entitled to the Complete Dowry
Question :
A husband died after making his marriage contract, but before consummating the marriage in accordance with the Islamic Law. Is it permissible for the family of the husband to take back the dowry he paid to the family of the bride?
Answer:
If the husband died before consummating the marriage with his wife, she is entitled to keep the whole of th dowry which was agreed upon, simply due to the death of her husband. Because it is the right of the wife to receive the dowry in full in the event of the husband's death, just as the full dowry becomes her right once he has sexual intercourse with her __whether he has paid anything of it or not. It is not the right of the husband's father or his mother to take anything of the dowry, neither a little nor a lot. May peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Pages 307-308
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